The European Community and biodiversity loss: Missing the target?

Review of European Community and International Environmental Law

Volumn 15, Issue 3, 2006, Pages 304-315

  Jack, Brian ^a  

^a QUEEN'S UNIVERSITY BELFAST   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

BIODIVERSITY; COMMUNITY RESPONSE; ENVIRONMENTAL LEGISLATION; ENVIRONMENTAL POLICY; NATURE RESERVE; REGULATORY APPROACH; WILDLIFE MANAGEMENT;

EURASIA; EUROPE;

AVES;

EID: 33751515578     PISSN: 09628797     EISSN: 14679388     Source Type: Journal    
DOI: 10.1111/j.1467-9388.2006.00530.x     Document Type: Article

References (116)

1. Convention on Biological Diversity (Rio de Janiero, 5 June 1992).
2. See CBD Decision 6/26, Strategic Plan for the Convention on Biological Diversity (19 April 2002), available at .
3. European Commission, A Sustainable Europe for a Better World: A European Union Strategy for Sustainable Development, COM (2001) 264 final, at 12.
4. Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Environmental Action Programme, [2002] OJ L242/1, Article 6(1).
5. Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, [1979] OJ L103/1 ('Wild Birds Directive'), and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, [1992] OJ L206/7 ('Habitats Directive').
6. See Sixth Environmental Action Programme, n. 4 above, Article 6(2).
7. Commission Communication of 22 May 2006 on Halting the Loss of Biodiversity by 2010 and Beyond, COM (2006) 216 final, at 3.
8. Ibid.
9. Commission Communication of 15 July 2004 on Financing Natura 2000, COM (2004) 431, at 5.
10. Ibid., at 8.
11. Ibid.
12. European Commission, Agriculture, Environment, Rural Development: Facts and Figures - A Challenge for Agriculture (Office for Official Publications of the European Communities, 1999), at 235.
13. The CAP operates as a generic term encompassing all the Community legislation relating to agriculture.
14. See Commission Communication, n. 7 above, at 11.
15. Ibid., Annex 1.
16. See Wild Birds Directive, n. 5 above, Article 4(1).
17. Ibid., Article 4(2).
18. See Habitats Directive, n. 5 above, Article 3(1).
19. Ibid., Article 3(1).
20. Ibid., Article 4.
21. Ibid., Article 4(1).
22. Ibid., Article 4(2)-4(4).
23. Ibid., Article 3(1).
24. Ibid., Article 6(1).
25. Ibid., Article 6(2).
26. Commission Report of 12 April 2006 on the Implementation of Directive 79/ 409/EEC on the Conservation of Wild Birds, COM (2006) 164 final, at 9. The Member States concerned were Belgium, Denmark, Luxembourg and the Netherlands.
27. E. Holdaway and H. Holdaway, Making the Habitats Directive Work (WWF, 2000), at 3.
28. Commission Report of 5 January 2004 on the Implementation of Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora, COM (2003) 845 final, at 16.
29. See Commission Decision 2002/11/EC of 28 December 2001 adopting the list of sites of Community importance for the Macronesian biogeographical region, [2002] OJ L5/16.
30. The European Commission divided the Community into seven biogeographical regions and then set out to choose sites of Community importance for each. Sites of Community importance have yet to be chosen for two of these regions - the Mediterranean and Pannonian biogeographical regions. For details of the measures adopted by the Commission to select sites of Community importance within each region, see the Commission website, available at .
31. See Habitats Directive, n. 5 above, Articles 4(5) and 6(2).
32. ECJ 2 August 1993, Case C-355/90, European Commission v. Spain [1993] ECR I-4221.
33. European Commission, Managing Natura 2000 Sites: The Provisions of Article 6 of the Habitats Directive 92/43/EEC (European Commission, 2000), at 13.
34. See Habitats Directive, n. 5 above, Article 6(1).
35. See European Report, n. 26 above, at 29.
36. Ibid.
37. See G. Beaufoy, Natura 2000: Opportunities and Obstacles (WWF, 1999), at 15.
38. LIFE was established by Council Regulation 1973/92 of 21 May 1992 establishing a financial instrument for the environment, [1992] OJ L206/ 1. It is currently operated under Council Regulation 1655/2000 of the European Parliament and of the Council of 17 July 2000 concerning the financial instrument for the environment, [2000] OJ L192/1, which was amended by Regulation 1682/2004 of the European Parliament and of the Council of 15 September 2004 amending Regulation 1655/2000 concerning the financial instrument for the environment, [2004] OJ L308/1, to extend its operation to the end of 2006.
39. See European Commission, LIFE-Nature (European Commission, undated), available at .
40. See Commission Communication, n. 9 above, at 5.
41. T. Stones et al., The Cost of Managing the Natura 2000 Network (RSPB, 1999), at 1.
42. See Commission Communication, n. 9 above.
43. European Environment Agency, Progress Towards Halting the Loss of Biodiversity by 2010 (European Environment Agency, 2006), at 31. The EU-15 is the group of EU Member States that existed prior to the Union's enlargement in May 2004 to 25 Member States.
44. For a comprehensive account of the operation of the original CAP production policies, see either F.G. Snyder, Law of the Common Agricultural Policy (Sweet & Maxwell, 1985), at chapter 4; of J.A. Usher, Legal Aspects of Agriculture in the European Community (Clarendon Press, 1988), at chapter 4.
45. N. Dhondt, Integration of Environmental Protection into Other EC Policies (Europa Law Publishing, 2003), at 256.
46. P. Lowe et al., Countryside Conflicts: The Politics of Farming, Forestry and Conservation (Gower, 1986), at 55.
47. European Environment Agency, Integration of Environment into EU Agricultural Policy: The IRENA Indicator Based Assessment Report (European Environment Agency, 2006), at 26.
48. See N. Dhondt, n. 45 above, at 285.
49. European Environment Agency, High Nature Value Farmland: Characteristics, Trends and Policy Challenges (European Environment Agency, 2004), at 16.
50. See European Environment Agency, n. 43 above, at 38.
51. See European Environment Agency, Agriculture and the Environment in the EU Accession Countries (European Environment Agency, 2004), at 13.
52. D. Pain et al., Birds as Indicators of the Conservation Value of Extensive Pastoral Systems in the EC (RSPB, 1994).
53. See European Environment Agency, n. 49 above, at 11.
54. Commission Communication of 27 March 2001 on a biodiversity action plan for agriculture, COM (2001) 162 final.
55. See the Sixth Environmental Action Programme, n. 4 above, Article 6(2)(f).
56. This bundle of legislation, which introduced reforms in a number of areas of the CAP, was named after Raymond MacSharry, the then European Commissioner for Agriculture.
57. Named after the Commission document that contained the initial proposals for this package of legislative reforms. See Commission Communication of 15 July 1997 on Agenda 2000: For a Stronger and Wider Union, COM (97)2000.
58. Named after the Commission document that contained the initial proposals for this package of legislative reforms. See Commission Communication of 10 July 2002 on the Mid Term Review of the Common Agricultural Policy, COM (2002) 394.
59. See generally M. Cardwell, The European Model of Agriculture (Oxford University Press, 2004).
60. For a detailed analysis of the impact of the 1992 MacSharry reforms and the 1999 Agenda 2000 reforms upon these sectors, see J.A. Usher, EC Agricultural Law, 2nd edn (Oxford University Press, 2001), at chapter 4; and see J.A. McMahon, Law of the Common Agricultural Policy (Pearson Education, 2000), at chapter 3.
61. D. Harvey, The CAP and Green Agriculture (Institute for Public Policy Research, 1991), at 22.
62. See N. Dhondt, n. 45 above, at 257.
63. A. Buckwell et al., Towards a Common Agricultural and Rural Policy for Europe, European Economy and Studies No 5 (Office for Official Publications of the European Communities, 1998)
64. Council Regulation 1765/1992 of 30 June 1992 establishing a support system for producers of certain arable crops, [1992] OJ L181/12.
65. See, respectively, Council Regulation 3611/93 of 22 December 1993 amending Regulation no 805/68 on the common organization of the market in beef and veal, [1993] OJ L328/7; and Council Regulation 233/94 of 24 January 1994 amending Regulation no 3013/89 on the common organization of the market in sheepmeat and goatmeat and Regulation 3493/90 laying down general rules for the grant of premiums to sheepmeat and goatmeat producers, [1994] OJ L30/9.
66. Court of Auditors, Special Report No 14/2000 concerning greening the CAP, [2000] OJ C353/10.
67. Council Regulation 1257/99 of 17 May 1999 establishing common support rules for direct support schemes under the common agricultural policy, [1999] OJ L160/113, Article 3.
68. European Commission Agriculture Directorate General, Biodiversity Action Plan for Agriculture: Implementation Report (European Commission, 2004), at 20.
69. Council Regulation 1782/2003 of 29 September 2003 establishing common support rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, [2003] OJ L270/1, Article 3 and Annex III.
70. The other environmental directives are Council Directive 80/68/ EEC of 17 December 1979 on the protection of groundwater against pollution caused by dangerous substances, [1980] OJ L20/ 43; Council Directive 86/ 278/EEC of 12 June 1986 on the protection of the environment, in particular the soil, when sewage sludge is used in agriculture, [1986] OJ L181/6; and Council Directive 91/676 of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, [1991] OJ L375/1.
71. See Council Regulation 1872/2003, n. 69 above, Article 5 and Annex IV.
72. Council Regulation 1257/99 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund, [1999] OJ L160/80.
73. Ibid., Articles 41-44.
74. See Commission Communication, n. 54 above, at 16.
75. Council Regulation 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development, [2005] OJ L277/1.
76. Council Directive 75/268 of 28 April 1975 on mountain and hill farming and farming in certain less favoured areas, [1975] OJ L128/1.
77. Court of Auditors, Special Report No 4/2003 of 27 June 2003 concerning rural development: Support for less favoured areas, [2003] OJ C151/1.
78. Ibid., at 9.
79. Ibid.
80. P. Wathern, 'Less Favoured Areas and Environmentally Sensitive Areas: A European Dimension to the Rural Environment', in W. Howarth and C.P. Rodgers (eds), Agriculture, Conservation and Land Use: Law and Policy Issues for Rural Areas (University of Wales Press, 1995), at 194.
81. See Council Regulation 1257/99, n. 72 above, Article 14(2).
82. Ibid.
83. See Council Regulation 1698/2005, n. 75 above, Article 51(1).
84. See Council Regulation 1257/99, n. 72 above, Article 15(1).
85. See A. Buckwell et al., n. 63 above, at 60.
86. See Council Regulation 1257/99, n. 72 above, Article 16.
87. Ibid., Article 21.
88. See Council Regulation 1698/2005, n. 75 above, Article 38.
89. See European Commission Agriculture Directorate General, n. 68 above, at 31.
90. Ibid.
91. Council Regulation 797/85 of 12 March 1985 on improving the efficiency of agricultural structures, [1985] OJ L93/1, Article 19.
92. See Council Regulation 1257/99, n. 72 above, Article 43(2).
93. Ibid.
94. Ibid., n. 72 above, Article 23(1).
95. Resolution of the Council and of the Representatives of the Governments of the Member States meeting within the Council of 1 February 1993 on a Community action programme of policy and action in relation to the environment and sustainable development, [1993] OJ C138/38.
96. See European Commission, n. 12 above, at 121.
97. Ibid., at 126.
98. European Commission, Agri-Environment Measures: Overview on General Principles, Types of Measures and Application (European Commission, 2005), at 7.
99. Ibid., at 16.
100. See N. Dhondt, n. 45 above, at 272.
101. C. Potter, Against the Grain: Agri-Environmental Reform in the United States and the European Union (CAB International, 1998), at 125.
102. See European Commission Agriculture Directorate General, n. 68 above, at 10.
103. Ibid.
104. Council Regulation 1783/2003 of 29 September 2003 amending Council Regulation 1257/99 on support for rural development from the European Agricultural Guidance and Guarantee Fund, [2003] OJ L270/70, Article 1.
105. See European Environment Agency, n. 43 above, at 12.
106. See European Commission, n. 12 above, at 126.
107. Institute for European Environmental Policy and Veenecology, Background Report to the Seminar on Land Abandonment and Biodiversity held at Sigulda, Latvia on 7-8 October 2004 (undated), at 42. The calculation was based upon rural development spending in Estonia, Latvia, Lithuania, Poland, Hungary, the Czech Republic and Slovakia.
108. Ibid.
109. Ibid. The report notes, at 43, that whilst the Czech Republic allocated 50% of its rural development budget to the scheme, Latvia and Poland allocated only 8% and 10%, respectively.
110. European Commission, The Agricultural Situation in the European Union: 2004 Report (Office for Official Publications of the European Communities, 2005), table 3.4.1.
111. Ibid., tables 3.4.1 and 3.4.3.
112. Council Regulation 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, [2003] OJ L270/1, Articles 10 and 12.
113. Ibid., Article 69.
114. See Council Regulation 1698/2005, n. 75 above, Article 17.
115. See European Environment Agency, n. 43 above, at 44.
116. See Commission Communication, n. 7 above, at 11.